M/S DREAM MOTELS PVT LTD.,MUMBAI vs. ITO WARD 12 (2)(1), MUMBAI

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ITA 1990/MUM/2019Status: DisposedITAT Mumbai13 July 2021AY 2014-153 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeals as withdrawn, granting the assessee liberty to seek restoration if the declaration under the scheme is not accepted.

What were the facts?

The assessee had filed appeals before the ITAT for assessment years 2014-15 and 2015-16. The assessee subsequently opted for settlement under the Direct Tax Vivad Se Vishwas Scheme, 2020 and received Form No. 3.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH, MUMBAI

Before: SHRI MAHAVIR SINGH, VP & SHRI S. RIFAUR RAHMAN, AM

For Appellant: Shri Chaitanya Patel, AR
Hearing: 13.07.2021Pronounced: 13.07.2021

Heard together (2 matters)

ITA No. 1990/Mum/2019
ITA No. 1991/Mum/2019

Read from the judgment's own cause title. This page is filed under one of them.

भहावीय स िंह, उऩाध्मक्ष के द्वाया / PER MAHAVIR SINGH, VP:

These appeals of assessee are arising out of the orders of the Commissioner of Income Tax (Appeals)]-20, Mumbai [in short M/s Dream Motels Pvt. Ltd.; AYs 14-15 & 15-16 CIT(A)], in appeal Nos. CIT(A)-20/IT-10349/2016-17 & CIT(A)-20/IT- 10084/2017-18 even date 15.03.2019. The assessments were framed by the Income Tax Officer, Ward 12(2)-1, Mumbai (in short DCIT/ITO/ AO) for the A.Ys. 2014-15 & 2015-16 vide order dated 22.09.2016 & 22.08.2017 under section 143(3) of the Income-tax Act, 1961 (hereinafter ‘the Act’). The registry placed on record assessee’s letters dated 5th May, 2. 2021 wherein it has been submitted that the assessee has already opted for settlement of dispute for both the assessment years under Direct Tax Vivad Se Vishwas Scheme (VVS Scheme), 2020 and received Form No.3 from appropriate authority. The Ld. DR submitted that the appeal may be dismissed.

3.

In view of foregoing, the appeals stand dismissed as withdrawn with a liberty to assessee to seek restoration of the appeals in case the aforesaid declaration filed under the scheme is not accepted, for whatever reasons.

4.

In the Result, the appeals are dismissed as withdrawn. Order pronounced in the open court on 13.07.2021. (ए रयपऔय यहभान/ S. RIFAUR RAHMAN) (भहावीय स िंह /MAHAVIR SINGH) (रेखा दस्म / ACCOUNTANT MEMBER) (उऩाध्मक्ष / VICE PRESIDENT) भुिंफई, ददनािंक/ Mumbai, Dated: 13.07.2021 ुदीऩ यकाय, व. ननजी चिव/ Sudip Sarkar, Sr.PS M/s Dream Motels Pvt. Ltd.; AYs 14-15 & 15-16 आदेश की प्रतिलऱपप अग्रेपषि/Copy of the Order forwarded to : अऩीराथी / The Appellant 1. प्रत्मथी / The Respondent. 2. आमकय आमुक्त(अऩीर) / The CIT(A) 3. 4. आमकय आमुक्त / CIT 5. ववबागीम प्रनतननचध, आमकय अऩीरीम अचधकयण, भुिंफई / DR, ITAT, Mumbai आदेशान सार/ BY ORDER, गार्ा पाईर / Guard file. 6. त्मावऩत प्रनत //व. तनजी सधिव/ Sr. Private Secretary आयकर अपीऱीय अधिकरण, भुिंफई / ITAT, Mumbai

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